Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guatemala (Ratification: 1952)

The Committee notes the Government’s report and the comments made by the UASP, ICFTU, UGT and UNSITRAGUA in 2002 and the Government’s reply.

According to UNSITRAGUA, section 215(c) of the Labour Code makes it impossible in practice to establish industry trade unions by requiring them to have a membership of workers representing "50 per cent plus one of the workers in the occupation", that is in the industry concerned. The Committee has considered that the number of workers required to establish an industry trade union, in addition to being indeterminate, is indeed excessive and makes it extraordinarily difficult to establish this type of trade union. The Committee notes that the Government has not referred to this matter and requests the Government to take measures to amend the legislation to facilitate the establishment of industry trade unions.

UNSITRAGUA also criticized the draft Code of Labour Procedure. The Committee requested that the new text should be the subject of extensive consultations with the most representative organizations of workers and employers and that their points of view should be duly taken into account. The Committee proposed that the Government should examine this draft text in the context of the technical assistance that it requested. The Committee notes that, according to the Government, the text of the above Code is before the Congress of the Republic and that all those concerned can participate actively in the consultation process that is currently being undertaken in this context. The Committee once again proposes that the above draft text should be examined in the context of the technical assistance requested from the ILO.

Finally, the Committee requested the Government to provide information on the exercise of trade union rights in export processing enterprises (the number of enterprises, the number of organizations and the number of unionized workers), as well as on the number of solidarist associations in the country and on complaints of violations of trade union rights related to such associations. In its report, the Government indicates that there are 97 trade unions, but only two in the export processing sector, with a membership of 52 workers; in both cases, when disputes have arisen, the State has intervened and collective accords have been concluded. The Government refers to the various measures and bodies for compliance with labour rights in export processing enterprises and indicates that export processing enterprises which have not complied with them have been punished (fines, suspension of fiscal privileges and even the closure of enterprises). The Committee concludes that the data available show that trade union rights are exercised to a very meagre extent in export processing enterprises, as indicated by the ICFTU, and requests the Government to take measures to remedy this situation. The Committee once again requests the Government to indicate the number of solidarist associations in the country and to provide information on complaints of violations of trade union rights related to solidarist associations, concerning which the ICFTU has expressed its concern.

The UGT indicates that the registration of trade union leaders with the Ministry of Labour takes up to one year. Moreover, there are very few enterprise trade unions and no more than 3 per cent of salaried employees are members of a trade union. The Government attaches to its report statistics which show that in 2002 some 56 new trade union organizations were registered. It indicates that the current Ministry of Labour is very open to the registration of trade unions and that it ensures compliance with standards respecting trade union rights and provides advice to workers’ groups which request it. The Committee notes this information and requests the Government to provide information on the total number of complaints of violations of trade union rights, with an indication of the types of problems raised.

The Committee requests the Government to provide its comments on the observation by UNSITRAGUA, dated 28 February 2003, relating to the labour penalties applicable, both penal and civil, in cases of strikes by public officials.